Articles 76-126

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Economic sanctions Minimum wage

Articles 76 to 126 aim to guarantee the right of every worker to receive a minimum wage. Under Article 117, any contract or agreement stipulating wages below the minimum wage for the region or area, will be void.

Notes

The minimum wage is established annually by the Brazilian Government. Decree 8.381, of December 29, 2014, set forth the new Brazilian’s minimum wage for the year 2015.

It is important to stress that the salary floor is the lowest amount workers in a professional category can receive for their workday. Workers in some sectors receive the support of unions and federations, while others have their salary floor set by state laws, or even by federal law. Many professional categories do not have a minimum wage set. However, all workers are entitled to receive at least the minimum wage determined by Brazilian Law. The Complementary Law 103 of July 12, 2000 establishes that the states and the Federal District are authorized to establish the salary floor, for employees who do not have a minimum wage set by federal law, convention or collective bargaining agreement.

In case of violation of the provisions regarding the minimum wage (especially the payment of a salary inferior to the minimum wage), the employer shall be punished with a fine imposed by the Regional Superintendence of Labour (article 120). In addition, the affected employee may seek reimbursement for the salary difference, in accordance with the current minimum wage established in the region, or area (article 118). The affected employee can also sue the employer for any damages arising from such violation.

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Article 76 – Minimum wage is the minimum amount due and paid directly by the employer to all employees, including rural workers, without distinction of gender, for a normal day of service.  It is an amount sufficient for the employee to be able to meet, at any given moment in time and in accordance with the region in which he/she lives, their normal needs for food, housing, clothing, hygiene and transportation.

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Article 78 – When the salary is set by contract or it is agreed by task or part of a task, the worker will be guaranteed to receive a daily consideration of at least the minimum wage for a normal day in that particular region, zone or subzone.

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Article 83 – Homeworkers are eligible for the protection of the minimum wage, including those employed in a family workshop.

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Article 117 – Any contract or agreement that stipulates a payment lower than the minimum wage established in the region, zone or subzone, will be considered null and void, subjecting the employer to the sanctions of this law.

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Law / 1 May 1943 / Brazil / Consolidated Labour Laws — Approved by Legislative Decree No. 5,452 of May 1, 1943

The main purpose of the Consolidation of the Labour Laws is the regulation of individual and collective labour relations.

Since originally coming into force, the Consolidation of Labour Laws has been amended on a number of occasions. It is the main instrument for the regulation of labour relations and for the protection of workers in Brazil.

The Consolidation covers a number of key topics:

(i) Registration of workers / working papers;

(ii) Working hours;

(iii) Rest time;

(iv) Leave;

(v) Occupational medicine;

(vi) Special categories of workers;

(vii) Labour protections for women;

(viii) Individual labour agreements;

(ix) Unionization;

(x) Collective agreements;

(xi) Surveillance;

(xii) Labor courts and labour legal procedures.